Prosecutors cleared Officer Daniel Hartman in the 2015 shooting even though Anthony Gant was unarmed. Gant is serving a prison sentence for robbing a Dollar General store, but maintains in the lawsuit that he was trying to comply with officers' demands when Hartman shot him in the abdomen.

The (Fort Wayne) Journal Gazette reports the appeals court disagreed with Hartman's assertions that facts surrounding the shooting were undisputed and ruled jurors could decide whether the officer's actions were reasonable.

Court documents say Gant pointed a BB gun at the store clerk and demanded money before being confronted by police as he tried to flee.